Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in upholding due process and ensuring fair hearings for individuals facing deportation. However, since January 20, 2025, the Department of Justice (DOJ) has implemented significant changes that challenge the structural integrity of these courts. This page aims to provide up-to-date information on the policy and legal shifts affecting the U.S. immigration court system.
Latest Updates
Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
CA8 Says Denial of Unopposed Motion Is Not Presumptively an Abuse of Discretion
The court held that the denial of an unopposed, non-frivolous motion to reopen is not presumptively an abuse of discretion, and that the BIA did not abuse its discretion in ruling on the merits of the petitioner’s motion. (Mwangi v. Barr, 8/19/19)
CA5 Finds Oklahoma Firearm Transportation Conviction Did Not Disqualify Petitioner from Cancellation of Removal
The court held that petitioner's conviction did not disqualify him from cancellation of removal, because the Oklahoma misdemeanor of transporting a loaded firearm in a motor vehicle is not a firearms offense listed in INA §237(a)(2)(C). (Flores-Abarca v. Barr, 8/16/19, withdrawn 8/28/19)
BIA Terminates Proceedings Following Ninth Circuit Decision in Lorenzo
Unpublished BIA decision terminates proceedings following remand in Lorenzo v. Whitaker (9th Cir. 2019), in light of argument that CA definition of methamphetamine was overbroad because it included geometric isomers. Special thanks to IRAC. (Matter of Atenia Lorenzo, 8/19/19)
Lawsuit Alleges Wrongful Death in Texas County Jail Due to Family Separation Policy
The Texas Civil Rights Project filed a lawsuit against the federal government and Starr County in South Texas over the wrongful death of a father who died at a county jail after he was separated from his child due to the zero-tolerance policy. (Peña Arita v. United States, et al., 8/18/19)
EOIR Releases Policy Memo on Use of Status Dockets in Immigration Court Proceedings
EOIR released a policy memo explicating the use of status dockets for courts that utilize them. Status cases are "cases in which an immigration judge must delay final adjudication of the case pursuant to law." The memo defines three categories of status cases that may be put on a status docket.
EOIR Releases Policy Memo on Allegations of Misconduct by EOIR Adjudicators and Ex Parte Communications
EOIR released a policy memo on ex parte communications, and the limited circumstances in which they may be permissible. The memo also notes that allegations of misconduct raised against EOIR adjudicators by a stakeholder does not constitute an improper ex parte communication.
CA3 Revives Lawsuit of Students Caught in Fake University Visa Sting After Finding Order Terminating Their F-1 Status Was Final Agency Action
The court held that the order terminating the appellants’ F-1 visa status marked the consummation of ICE’s decision-making process, and therefore constituted a final order for the purposes of Administrative Procedure Act (APA) jurisdiction. (Fang, et al. v. Director of ICE, et al., 8/15/19)
AILA: DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independence
AILA Executive Director Benjamin Johnson responds to DOJ’s effort to strip immigration judges of their right to be represented by a union.
CA9 Dismisses Government’s Appeal of June 2017 District Court Order Relating to Enforcement of Flores Settlement Agreement
The court found that the district court’s June 27, 2017, order did not modify the Agreement’s requirement that minors be held in “safe and sanitary” conditions that comport with the “special concern for the particular vulnerability of minors.” (Flores, et al. v. Barr, et al., 8/15/19)
CA8 Upholds Denial of Asylum to Honduran Woman Whose Father and Brother Were Kidnapped in 2008
The court upheld the BIA’s and IJ’s denial of asylum to the petitioner, whose father and brother had been kidnapped in Honduras in 2008, finding that the petitioner fell short of establishing past persecution or a well-founded fear of future persecution. (Mejia-Ramos v. Barr, 8/15/19)
CA9 Defers to BIA’s Ruling That Arizona Felony Conviction for Solicitation to Possess Marijuana for Sale Is a CIMT
The court held that the petitioner was inadmissible under INA §101(a)(13)(C)(v) and INA §212(a)(2)(A)(i)(I), because her felony conviction for solicitation to possess marijuana for sale in Arizona was a crime involving moral turpitude (CIMT). (Gonzalez-Romo v. Barr, 8/14/19)
CA8 Finds AAO Did Not Err in Denying Petitioner’s Appeal for Failure to Comply with Agency Deadline
The court held that petitioner, who filed an application for Temporary Resident Status as a Special Agricultural Worker (SAW) in 1988, could not meet his burden to equitably toll the 30-day time limit for his appeal to the Administrative Appeals Office (AAO). (Capiz-Fabian v. Barr, 8/14/19)
CA1 Upholds Denial of Asylum to Guatemalan Petitioner Who Claimed He Was Targeted by Barrio 18 Gang Members
The court held that the BIA did not err in concluding that the petitioner, whose proposed particular social group was “males who have had romantic involvement with the partners of drug dealers,” was ineligible for asylum. (Ramírez-Pérez v. Barr, 8/13/19)
BIA Reverses Denial of Motion to Change Venue from Dallas to New York
Unpublished BIA decision grants interlocutory appeal and reverses denial of motion to change venue given that respondent’s family and pro bono attorney were located in New York. Special thanks to IRAC. (Matter of Vasquez-Molina, 8/13/19)
EOIR to Open Immigration Court in Sacramento, CA
EOIR announced it will be opening an immigration court in Sacramento, California, on September 3, 2019. Notice includes the court’s location, contact information, and hours of operation.
TRAC Report Shows ICE Secure Communities Removals Declining
A TRAC report shows that the number of Secure Communities deportations has been trending downward during the past year, falling to 6,152 in 4/19, compared to 7,456 in 5/18. The number of removals by community are reflective of individual communities’ policies regarding cooperation with ICE.
CA3 Finds BIA Misapplied Modified Categorical Approach to Petitioner’s Pennsylvania Conviction
The court held that the BIA incorrectly applied the modified categorical approach in determining that the Pennsylvania state crime of which petitioner was convicted constituted either an aggravated felony or a conviction relating to a controlled substance. (Hillocks v. Att’y Gen., 8/12/19)
CA3 Says “Particularly Serious Crime” Is Not Limited to Aggravated Felonies in Asylum or Withholding of Removal Context
The court held that, in the asylum and withholding of removal context, aggravated felonies are a subset of particularly serious crimes, and found that petitioner’s Delaware second-degree unlawful imprisonment conviction was a particularly serious crime. (Bastardo-Vale v. Att’y Gen., 8/12/19)
FAQs After Federal Court Requires Immigration Courts to Continue to Provide Bond Hearings, Despite Matter of M-S-
The American Immigration Council, and its partners, the Northwest Immigrant Rights Project and the ACLU, issued FAQs after a district court judge issued a decision modifying an existing preliminary injunction in Padilla v. U.S., requiring immigration courts to provide bond hearings.
AILA: Massive Raid Adds to Migrant Fears, Endangers Due Process
On August 7, 2019, the administration executed a massive single-state worksite enforcement raid; AILA Executive Director Ben Johnson noted, “This raid was launched with no regard for the fundamental principles of due process that are the foundation of the American justice system.”
DOJ Announces Certain Previously Detained Noncitizens with Small Children Were Released
The U.S. Attorney's Office for the Southern District of Mississippi announced that following ICE's enforcement action on 8/7/19 in Mississippi, certain noncitizens with small children were released on humanitarian grounds.
BIA Holds Florida Statute Not Sexual Abuse of a Minor or a Crime of Child Abuse
Unpublished BIA decision holds that traveling to seduce/solicit/entice a child to commit a sex act under Fla. Stat. 847.0135(4)(a) is not sexual abuse of a minor or a crime of child abuse. Special thanks to IRAC. (Matter of Mesidor, 8/8/19)
BIA Reverses Denial of Continuance Due to Withdrawal of Prior Attorney
Unpublished BIA decision holds IJ should have continued proceedings where respondent was not served with his prior attorney’s motion to withdraw or the decision granting the motion nine days prior to the individual hearing. Special thanks to IRAC. (Matter of Cisse, 8/7/19)
Practice Alert: U Visas — Updated Guide for Law Enforcement Certifiers and New Directive on Stay Requests
This practice alert provides information on the updated U visa guide for law enforcement certifiers and on the new ICE directive regarding requests for stays of removal for U visa petitioners.
El Paso Immigration Collaborative (EPIC) Seeks to Change the Asylum Landscape for Detained Immigrants
The Immigration Justice Campaign, along with local and national partners, launched the El Paso Immigration Collaborative (EPIC). EPIC seeks to increase legal representation for detained immigrants around El Paso and promote oversight of the immigration courts and detention centers in the region.